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Liptak v. Security Benefit Ass'n

Supreme Court of Illinois
183 N.E. 564 (1932)


Facts

Mrs. Liptak (plaintiff) sued Security Benefit Association (Security) (defendant), a fraternal organization that provided insurance to its members, for benefits under the insurance policy that her deceased husband purchased in 1921. Security raised a special issue plea in defense. Security admitted the husband's purchase, but denied that the policy was still in force when the husband died in November 1929. Security alleged that the policy lapsed when the husband failed to pay the June 1929 premium installment, and that his subsequent efforts to reinstate the policy were procedurally defective. The parties presented conflicting evidence for and against Security's allegation. The trial judge denied Security's motion to open and close the presentation of evidence, and ruled that this right belonged to Mrs. Liptak. Security appealed the trial verdict in favor of Mrs. Liptak, on the grounds that the judge's ruling was reversible error. Security's appeal reached the Supreme Court of Illinois.

Rule of Law

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Issue

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Holding and Reasoning (Stone, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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